If you are arrested for a felony offense, it is crucial to know the course of action you may go through and what you should be prepared for in its order. This way, you can be informed about legal proceedings and will not be blindsided or worried about what may occur. Read on to find an overview of what to expect in the legal process after you're arrested.
Step by Step
When you are arrested, you will be held in custody by the police or sheriff until your arraignment takes place, or a bond is set. If you do not receive a bond amount--which is the cash amount that allows you to be released from jail during the time of trial-- you will be taken by the police to the district court for your arraignment.
At your arraignment, the judge will explain to you exactly what you are being charged with. The judge will also explain to you your rights, and possible consequences you may face if you are convicted for this charge.
If a bond has not already been set, the judge will determine if you can be released on bond, and if so, what your bail amount will be. At this point a court will appoint an attorney if you cannot afford one.
Your preliminary examination must be within 14 days of your arraignment. At the examination, the district judge determines if there is enough evidence for the case. If there is enough evidence, the case will then be transferred to circuit course; appellate courts that do not hold trials, but only hear appeals for cases decided by the lower courts.
Once at the circuit level, there will be another arraignment. This can be waived by your attorney. Next, a trial date will be set. Typically the prosecutor and the defendant will make a plea agreement.
For the trial, you will have the option for a trial by judge, a bench trial, or a trial by jury. If you are found guilty at trial, the court will then schedule a date for sentencing. However, if you are found not guilty, your case will be dismissed; due to double jeopardy, or the law regulates that you cannot be tried for the same charges again, your case will be dismissed.
At sentencing, the judge will either follow the plea agreement set, or determine other penalties for your crime. Some penalties include fines, court costs, and other assessments, jail or prison time, or probation.
The Gracey Law Firm is Here for You
Here at The Gracey Law Firm, we can walk you through the steps of being arrested for a felony and offer personalized support to provide you with the most beneficial and viable solution. We understand the weight that being charged with a felony carries, and we are prepared to aid you to the future that you desire.